HomeMy WebLinkAbout06 08 2021. Zak
CHUBBUCK
I o R H 0
City of Chubbuck Land Use and Development Commission
Regular Meeting
June 8, 2021
6:00 PM
City Hall Council Chambers
5160 Yellowstone Avenue, Chubbuck, ID 83202
MINUTES
Board Members Present: Chair Jason Mendenhall, Vice -Chair Mike Schwartz, Rebecca Berls, Brady
Smith, and Carrie Holm, Staff Members Present: Planning Manager Don Matson, Development
Services Manager Sean Harris, and City Clerk Joey Bowers.
Mendenhall called the meeting to order at 6:05pm
Mendenhall asked if any commissioners had a conflict of interest with the items before the
board. None were reported.
APPROVAL OF THE MINUTES: May 11, 2021.
Mendenhall entertained a motion to approve the minutes as emailed. Schwartz moved to accept
the meeting minutes of May 11, 2021 with corrections; Holm seconded. The full authority
approved.
PUBLIC HEARING
1. An application for a Change in Land Use District from Limited Residential (R-2) to
Commercial General (C-2) on approximately .25 acres of land. Subject property is in the
NE % of the NW % of Section 3, Township 6 South, Range 34 East of the Boise
Meridian, Idaho, and is part of a larger parcel generally located west of Yellowstone
Ave and north of Briscoe Road in Chubbuck, Idaho. The Comprehensive Plan Future
Land Use map designates this area as Medium Density Residential, with the bulk of the
property designated as Commercial. Type of Action: Recommendation.
Planning Manager Don Matson presented an application for a Change in Land Use
District from Limited Residential (R-2) to Commercial General (C-2) on approximately
.25 acres of land.
Applicant Johnathan Vincent stated that this application was to match the zoning
on a small parcel of land to the rest of the property.
Mendenhall opened the Public Hearing for public comment.
Mark Mitchell at 261 Briscoe Road, was neutral. Mr. Mitchell stated that he was told
that once your property was zoned commercial it could never be rezoned as a residential
zone again, and asked about the different tax base for commercial vs. residential.
Mr. Mitchell would like to see more businesses and single family residential
developments throughout the City of Chubbuck and less multifamily units. Mr. Matson
stated that a property owner in this area could change a commercial zone into a residential
zone if they desired. It is a different process that would require amending the City's
comprehensive plan to allow for that zone change. Berls explained the process that the
County Assessor uses to assess the property taxes for residential properties and
commercial properties.
There being no more comment, Mendenhall closed the public hearing, bringing the meeting back
to the Commission.
Schwartz motioned to recommend approval of a Change in Land Use District from Limited
Residential (R-2) to Coininercial General (C-2) on approximately .25 acres of land to the City Council
as presented. Berls seconded.
With all commission members understanding the motion they voted.
Roll Call Vote: Brady Smith, Yes; Rebecca Berls, Yes; Mike Schwartz, Yes; Carrie Holm, Yes;
Jason Mendenhall, Yes; Motion carried.
2. An application for a Conditional Use Permit to build multifamily residential buildings on
approximately 2.45 acres of land. The bulk of the parcel, about 90%, lies in the General
Commercial (C-2) zone, with about 10%, or .25 acres, in the Limited Residential (R-2)
zone. Subject property is in the NE % of the NW % of Section 3, Township 6 South,
Range 34 East of the Boise Meridian, Idaho, generally located at the northwest
corner of Yellowstone Avenue and Briscoe Road in Chubbuck, Idaho. The area in the R-
2 zone is under concurrent application for a change to the C-2 zone. Type of Action:
Decision.
Planning Manager Don Matson presented an application for a Conditional Use
Permit to build multifamily residential buildings on approximately 2.45 acres of land in
the General Commercial (C-2) zone.
Applicant Johnathan Vincent presented an application to build 13 4plex multifamily
residential buildings with access off of Briscoe Road. This development will also include a
privacy fence surrounding the perimeter of the development.
Berls asked about the setbacks surrounding the development, and if the developer
would be willing to include a playground amenity as part of this development due to
the distance to the nearest City Park. Mr. Vincent went over the different setbacks for
his development and would prefer not to include any playground equipment to help
mitigate liability, but would be willing to include public gathering areas.
Berls also asked if this development would be managed by an HOA who could
then carry any necessary liability insurance for having playground equipment on the
premises. Mr. Vincent stated that this development would have an HOA to maintain
all 13 individually owned buildings and common areas. The current HOA managing
company recommends not having playground equipment on premises to help mitigate
their liability insurance.
Mendenhall asked where the closest City Park was located to this development.
Matson stated that it would be either Capell Park off of Park Lawn Ave. or Sample
Park off of Stuart Ave. This development currently would not have any direct access
to a City Park.
Mendenhall opened the Public Hearing for public comment.
David Griffiths at 138 Briscoe Road, was neutral. Mr. Griffiths asked if these units
would be individual homeowners or rental units. Mr. Griffiths was also concerned about
the proximity to Yellowstone Ave. The Commission answered Mr. Griffiths question
about ownership and stated that the buildings would be individually owned and each unit
within those buildings would most likely be rented out.
Guy Guerrero at 133 Briscoe Road, was opposed due to the increase in traffic that
Briscoe Road already has from the other multifamily residential buildings that access off of
Briscoe Road. Mr. Guerrero was also concerned about the proximity to Yellowstone Ave.
Mark Mitchell at 261 Briscoe Road, was opposed due to speeding and the increase in
noise and traffic, and the lack of respect for other people's personal property. Mr.
Mitchell would like to see more businesses and single family residential developments
in this area and less multifamily units. Mr. Mitchell stated that he would have less of an
issue with this development if its access was off of Yellowstone Ave. and not off of
Briscoe Road.
There being no more comment, Mendenhall closed the public hearing, bringing the meeting back
to the Commission.
Berls asked about pressurized secondary irrigation. Mr. Vincent stated that the utilities
would be installed for secondary irrigation with this development to access when that is
available to this property.
Mendenhall asked if a park bench would meet the qualification for the natural
resources in section 9 of City Code. Matson stated that is usually up to the applicant and
the Commission to make that determination. Mendenhall recommended that some sort
of recreational equipment be required for kids.
Vincent asked if recreational equipment was required for all developments and if City
Staff could provide a definition. Vincent also suggested including a gated area with a
park bench for kids to play. Berls stated that the Commission had the ability to add
additional conditions for approval of a conditional use permit.
Smith asked if City Staff could bring some suggested definitions for recreational
equipment before the board to discuss for future applications.
Vincent felt like the youth was changing and not playing outside as much.
Smith motioned to approve a conditional use permit to build 4-plexes as presented, conditional
upon final approval of the zone change by the City Council, and a youth recreational activity
area to be shown with the preliminary plat, and approved by City Staff. Berls seconded.
With all commission members understanding the motion they voted.
Roil Call Vote: Carrie Holm, Yes; Jason Mendenhall, Yes; Brady Smith, Yes; Rebecca Berls,
Yes; Mike Schwartz, Yes; Motion carried.
3. An application for a Conditional Use Permit to build multifamily residential buildings on
approximately 1.95 acres of land in the General Commercial (C-2) zone. Subject property is in the
NE % of Section 10, Township 6 South, Range 34 East of the Boise Meridian, Idaho, generally
located at 295 E Chubbuck Road in Chubbuck, Idaho. Type of Action: Decision.
Planning Manager Don Matson presented an application for a Conditional Use
Permit to build multifamily residential buildings on approximately 1.95 acres of land in
the General Commercial (C-2) zone.
Applicant Daren Crockett stated that he had been working with the City's design
review committee on the final design for this application
Mendenhall asked about a play area for kids living within this development. Mr.
Crockett stated that there will be green space in the center of this development and
along Kinport Crossing as a play area for kids. Each unit will also have a back patio.
Berls asked about the setbacks surrounding the development. Mr. Crockett went
over the different setbacks for his development to meet City Code. Berls was
concerned about the distance to the nearest City Park, and the kids not having a place
to play in this development. Mr. Crockett stated that he had 4 times the green space
required for this type of development for kids to play.
Mendenhall asked about fencing for this development. Crockett stated that the
only fencing that would be installed for this development would be along the western
border of the property. Design Review recommended not putting a fence along
Chubbuck Road. Matson stated that Design Review did recommend not placing a
fence along Chubbuck Road due to the sight triangle for traffic and aesthetics.
Mendenhall and Smith recommended placing a 4ft fence along Chubbuck Road for
safety, but still maintain the sight triangle for traffic and the aesthetics for the
development. Matson stated that City staff would recommend not placing the fence
right along the sidewalk but to have some green space between the fence and the
sidewalk. Mr. Crockett had not objections to installing a fence along Chubbuck Road.
Mendenhall opened the Public Hearing for public comment.
Shane Anderson Pocatello, Idaho was neutral. Mr. Anderson had been involved in the
designing of this project. Anderson stated that the developer is more than happy to do
what he needs to make this development fit within the look and feel of the Chubbuck
Downtown area.
Nick Jensen at 790 Garden Drive, was in favor. Mr. Jensen felt like the proposed green
space was adequate for this infill development and the surrounding areas. Jensen was
also in favor of installing a fence along Chubbuck Road for safety.
Jared McKee at 857 Sheba Road, was neutral. Mr. McKee was in favor of installing
a fence along Chubbuck Road for safety. McKee grew up in this area and was in favor
of bringing more residents to this part of Chubbuck to support the local businesses in that
area.
Mark Mitchell at 261 Briscoe Road, was neutral. Mr. Mitchell felt like this
development needed adequate space for kids to play. Mr. Mitchell was concerned about
the negative impacts this type of development would have on the City in the future.
Mitchell was concerned that a 4ft fence would not be adequate for safety along Chubbuck
Road and the train track nearby this development. Mr. Mitchell would like to see more
businesses and single family residential developments throughout the City of Chubbuck
and less multifamily units.
Mr. Crockett felt like he had provided sufficient green pace in this development for
kids to play and is not required per City Code to provide playground equipment.
There being no more comment, Mendenhall closed the public hearing, bringing the meeting back
to the Commission.
Holm agreed that the applicant had meet the requirements per City Code
pertaining to green space/public space for this development. Holm also felt like that
as the downtown area develops that there will be more space for the tenants to enjoy.
Berls stated that the Commission can make additional requirements above and
beyond City Code as part of a conditional use permit.
Smith was very concerned about fencing along Chubbuck Road for safety.
Berls asked the applicant if he had any ideas or suggestion on the fencing along
Chubbuck Road. Crockett made some suggestions on the fencing along Chubbuck
road to maintain the sight triangle for traffic.
Berls asked City Staff about the concept for public spaces and playgrounds within
the downtown area of Chubbuck. Mr. Matson went over some of the conceptual plans
for the downtown area.
Schwartz motioned to approve a conditional use permit to build multifamily residential buildings
as presented, conditional upon a fence be required along Chubbuck Road, final approval by City
Staff on the exterior features along Burley Drive, and all recommendations by the Design
Review Committee be met. Mendenhall seconded.
With all commission members understanding the motion they voted.
Roll Call Vote: Jason Mendenhall, Yes; Brady Smith, Yes; Rebecca Berls, Yes; Mike Schwartz,
Yes; Carrie Holm, Yes; Motion carried.
Mendenhall asked City Staff to prepare and bring some suggested definitions for
recreational equipment before the board to discuss for future applications.
Mendenhall entertained a motion to adjourn; Smith made the motion. Schwartz seconded. All
voted to adjourn at 7:57pm.
l
ason Mendenhall, Cha rpersan
Owers, City Clerk
This meeting was available to the public electronically and by phone.
Via Zoom Teleconferencing: Meeting ID: 810 3675 5107